Ex Parte BAKER et al - Page 4




               Appeal No. 2003-1841                                                                          Page 4                   
               Application No. 09/272,956                                                                                             


                       Claims 1, 2, 4-14, and 16-26 stand rejected under 35 U.S.C. § 103(a) as obvious                                
               over U.S. Patent No. 5,965,655 ("Suzuki") and U.S. Patent No. 5,416,831 ("Chewning").                                  


                                                             OPINION                                                                  
                       Rather than reiterate the positions of the examiner or the appellants in toto, we                              
               focus on the main point of contention therebetween.  The examiner admits, "Suzuki et al                                
               fail to download the information representative of the state machine from a switch of the                              
               system into the terminal."  (Examiner's Answer at 3.)  He finds, however, that "Chewing,                               
               III et al teach a method for downloading the information representative of the state                                   
               machine (e.g. softkey function definitions) from a switch of the system (13) into terminal                             
               (14) (see figures 1, 11; column 6, lines 16-68 and column 11, lines 25-40)."  (Id. at 6.)                              
               The examiner concludes with the following assertions.                                                                  
                       It would have been obvious to have modified Suzuki et al with the teaching                                     
                       of Chewning, III et al, because Suzuki has been suggested the information                                      
                       representative of a portion of a state machine (e.g. a name and a                                              
                       telephone number) can be downloading from a switch of the system into                                          
                       the terminal (see figures 24; column 24, lines 50-68; column 25, lines 1-5                                     
                       and column 26, lines 15-19), and downloading information from a switch                                         
                       system to a terminal (a telephone) would be more convenient or easy than                                       
                       prestoring those information in the terminal since a switch system would                                       
                       not need to consume the power of the portable terminal for operating a                                         
                       memory, so that it would extend the durable time of the battery in the                                         
                       portable terminal (see column 25, lines 45-56) and the information could                                       
                       be easy to modified or changed in the switch system                                                            










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